--- title: "Article 5 — Procurement or use of products with digital elements" type: regulation legal_status: in_force source: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02024R2847-20241120" source_retrieved: 2026-10-03 shortTitle: "Article 5 — Procurement or use of products with digital elements" instrument_type: level1_regulation authority: Commission binding: true binding_character: binding mica_level2: false legal_basis: "Regulation (EU) 2024/2847" instrument: cra celex: "32024R2847" regulation: CRA regulation-full: "Regulation (EU) 2024/2847" article: 5 status: in_force object_id: eu.cra.legal_text.article.5 text_version: "Consolidated version of 20 November 2024" source_url: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02024R2847-20241120" check_status: matched verified: true last_checked: 2026-10-26 --- *In force · applies from 11 Dec 2027 · Consolidated version of 20 November 2024 · Checked against EUR-Lex on 26 Oct 2026 · [Official source](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02024R2847-20241120)* 1. This Regulation shall not prevent Member States from subjecting products with digital elements to additional [cybersecurity](https://www.headlesslaw.com/definitions/cra/cybersecurity) requirements for the procurement or use of those products for specific purposes, including where those products are procured or used for national security or defence purposes, provided that such requirements are consistent with Member States’ obligations laid down in Union law and that they are necessary and proportionate for the achievement of those purposes. 2. Without prejudice to Directives 2014/24/EU and 2014/25/EU, where products with digital elements that fall within the scope of this Regulation are procured, Member States shall ensure that compliance with the essential cybersecurity requirements set out in Annex I to this Regulation, including the manufacturers’ ability to handle vulnerabilities effectively, are taken into consideration in the procurement process. *** [Chapter II — Obligations of economic operators and provisions in relation to free and open-source software](../chapters/ii.md) · [← Article 4](4.md) · [Article 6 →](6.md)